Separation Agreements
Separation and divorce are emotionally difficult processes. We’re here to help.
One method to resolve issues arising from your separation is to negotiate and enter into a separation agreement. A separation agreement is a formal document setting out agreed-upon terms of separation.
Issues addressed by a separation agreement can include children’s issues, child and spousal support, property division, and any other issue important to the clients. A separation agreement sets out each party’s rights and obligations, including who will make major parenting decisions in relation to the children’s:
Education
Medical and dental care
Culture, language, religion and spirituality
Extracurricular activities
Where the children will reside, including holiday schedules
Whether child support is payable by whom and in what amount
Whether spousal support is payable, or assets are to be divided
Negotiating and entering into a separation agreement can be one of the most cost-effective methods to resolve all issues arising from a separation. It is also a method of resolution that is entirely driven and dictated by the separating couple, rather than Court order.
Where the parties are capable of positive communication and cooperation, negotiating a separation agreement is the recommended process.
Creating a legally binding separation agreement or domestic contract recognized by Ontario courts will require that both parties (spouses) are honest and open about their financial circumstances. Detailed disclosure of all sources of income, all assets, as well as debts and liabilities, are required to be made under Ontario family law and legislation.
The process by which full financial disclosure is made can be complicated. However, our team at Holam Law PC is well-equipped with the knowledge and technical skill to assist with this process. Our team will work to ensure that all financial, real and personal property & assets, businesses, trusts, and debts and liabilities are clearly declared from the outset. Being transparent is essential to ensure that the process is viable.
In addition to the provision of full financial disclosure, another hallmark of a legally binding and enforceable separation agreement is independent legal advice. This will ensure that you understand your individual rights and obligations under the agreement, so that you can enter it voluntarily and fully informed. It is important for you and your spouse to choose your own individual lawyers who will advocate for you alone to best achieve the intended results. This will also help to create a more balanced separation agreement.
Generally, when the hallmarks of a binding and enforceable separation agreement have been met, an Ontario court will uphold the agreement. However, a separation agreement based on incomplete or misrepresented disclosure will likely result in a spouse challenging it in court. Separation agreements lacking those hallmarks are unlikely to be upheld.
Separation is difficult enough. Our expertise and guidance can significantly reduce stress during an already emotional time.
We will work closely with you to negotiate an agreement that takes into account your goals and the best interests of your children. Our focus is families first.
Our team has extensive experience in alternative dispute resolution methods, including four-way settlement meetings (attended by parties and their counsel), and mediation.
Contact Holam Law PC at 365-608-6161 or email us at info@holamlaw.com to schedule a consultation today.
Our family lawyers are prepared to guide you through the following areas:
+ Do I have to share my pension with my spouse?
If you are married and you do not have a Marriage Contract specifically excluding your pension, then it will be considered an asset, just like any other asset, that must be equalized when you separate.+ Can my spouse kick me out of the matrimonial home if I’m not on title?
Because the matrimonial home has special status under Ontario family law, regardless of who holds title, both spouses have equal rights of possession to the home until those rights are voluntarily relinquished, or through an order of the Court. A party has the option of asking the Court for an order granting him/her exclusive possession of the home. In short, no, you cannot be immediately kicked out of the home if you are not on title.+ The matrimonial home is only in my name. What happens if I separate/divorce?
If you have a Marriage Contract setting out how this asset is to be divided upon separation, good for you! The terms of your contract will dictate how the home will be divided between you and your former spouse. However, if you do not have a Marriage Contract, the matrimonial home has special status under Ontario family law regardless of who holds title. The value of your home at the time of separation will therefore be subject to equalization between you and your former spouse.+ What happens to our pet if I separate/divorce?
Many of us consider our pets to be members of our family, but in Ontario, pets are still considered as property. Pets will therefore be divided according to ownership. That being said, it’s not uncommon for people to negotiate terms into their Separation Agreement providing for how their beloved pet will be shared and cared for.+ What happens to the engagement ring if I get separated/divorced?
It depends. If the wedding is called off, there may be a requirement to return the engagement ring. If the wedding is not called off and you get married, the ring is yours, however you may need to share in the appreciation of the value of the ring between the date of marriage and date of separation. To ensure that there is no misunderstanding, a Cohabitation Agreement or Marriage Contract can set out how the ring will be treated in the event of a separation.+ What is an uncontested divorce?
An uncontested divorce is when one party files an application for divorce, and the other spouse does not file an answer because he/she does not oppose or contest the divorce. Generally at this stage, the parties have already resolved all of the issues arising from their separation such as custody, access, child support, property division/equalization, etc., and are ready to move forward with finalizing their divorce. In other instances, the parties may just be looking to obtain a divorce order at that stage in their lives.+ When would be a good time to make my will?
If you don’t already have a will and you are going through a separation, we strongly recommend that you make a will once all the issues in your separation have been resolved. If you do have a will and it was made prior to your marriage, your will will be automatically revoked upon your subsequent marriage unless the will was made in contemplation of that marriage. It is therefore highly recommended that you have a will done immediately after the issues in your separation have been resolved.The first step in resolving your family dispute is to contact us for a consultation so we can better understand your circumstances. Consultations can take place by telephone or Zoom.
Call us at 365-608-6161, email us at info@holamlaw.com, or fill out the form below to schedule an appointment today.